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I was married in the state of WV I moved to Florida about 2…

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I was married in the...
I was married in the state of WV I moved to Florida about 2 years ago and my husband moved to Florida as well. We have been apart for nearly 6 years, but never filed for a divorce.There is no property or anything between us, we just moved on as if we were never together. Can we get an annulment or would we have to file for a divorce in the state of Florida?
Submitted: 7 months ago.Category: Family Law
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12/28/2017
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,877
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

You have to file for divorce.And understand since you are legally married 6 years anything either or you earned or bought is marital property even if you were physically separated.

The general rule is that Florida is an “Equitable Distribution” state, and marital property, property acquired during the marriage with marital funds or labor, will be divided equally upon divorce (unless there is a reason for an unequal division). Nonmarital property, assets and liabilities acquired before the marriage, remains the sole and separate property of the spouse upon divorce.

Generally speaking, marital property is property acquired during the marriage with marital funds or labor. Such property is considered marital property regardless of whose name is ***** ***** title of the property. If the property is acquired during a marriage with marital income or funds, those are marital assets.

Examples of marital assets include:

  • Real property held as tenants by the entirety;
  • Personal property held as tenants by the entirety;
  • Gifts from one spouse to another;
  • Insurance benefits acquired during the marriage;
  • Any appreciation or enhancement in the value of non-marital assets;
  • Pension benefits, workers’ compensation benefits, social security income, income.

As we already know, Florida takes an equitable distribution approach to marital property upon divorce, so all marital property is divided equally between the spouses. In order to accomplish this the court goes through 4 steps:

  1. The court identifies all of the marital and nonmarital property.
  2. The court classifies the property as either marital or nonmarital property. Nonmarital property is set aside and marital property is lumped together. The court uses the date of marriage and the date the parties enter into a valid separation agreement or the date of filing a petition for dissolution of marriage to determine the dates used for classifying the property as marital or nonmarital.
  3. The court values the marital property.
  4. The court distributes the marital property.

Generally, the presumption is that the property will be divided equally, but the court may allow the marital property to be divided unequally as long as the result is equitable (and in some instances an unequitable distribution is granted – see below). This is a fact heavy analysis that gets decided in a large number of factors, including:

  • The contribution to the marriage by each spouse (including contributions to the care and education fo the children and services as homemaker;
  • The economic circumstances of the parties;
  • The duration of the marriage;
  • Any interruption of personal careers or educational opportunities of either party;
  • The contribution of one spouse ot the personal career or or educational opportunity of the other spouse;
  • The desirability of retaining any asset, including an interest in a business or professional practice, intact and free from any claim or interference by the other party;
  • The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the martial assets and the nonmarital assets of the parties;
  • The desirability of retaining the marital home as a residence for any dependent child of the marriage;
  • the intentional dissipation, waste, depletion, or destruction of marital assets during the marriage; and
  • Any other factors necessary to do equity and justice between the parties.

Spousal support here might ba anopther issue in a 6 year marriage if there is disparity of income between you.

Just understand this is not as simple as you might think if either of you has IRAs , bank accounts, real estate, etc.subject to division here.

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Customer reply replied 7 months ago
My husband and I have nothing together, Nothing.. no home, no accounts, nothing. This is why I was wondering if we could get an annulment, since we have not been together for nearly 6 years. We actually were only together about 3 years, but separated now for nearly 6. We were married in WV, but both now live in Florida in 2 separate counties.
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Just a simple uncontested divorce here.Just understand that anything either of you made during these 9 years is marital proeprty regardless of whether you were living together or not.If he is willing this can be simple, sign property agreement awarding each other their stuff.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago
Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

More

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml

You can try this yourself if both are in agreement.

Thanks for rating 5 stars good luck here with all.

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